Hello friends, Do you know that a lawyer cannot give any undertaking in court without the explicit permission of his client? The recent decision of the Supreme Court has made a big decision on this issue. This case is very important, as it directly clarifies the trust and legal obligations between the lawyer and the client. Let us understand it in detail.
Supreme Court big decision
Recently, the Supreme Court clarified that there is a ‘fiduciary’ i.e. a relationship of trust between the lawyer and the client. This means that the lawyer should respect the wishes of his client and should not take any step without their permission. Especially when it comes to giving an undertaking in court, it is mandatory for the lawyer to first get the explicit approval of his client.
What was the whole matter?
This case came to light when an appellant was convicted of not following the court order. In 2007, his lawyer had given an undertaking in the trial court that he would not sell the disputed property to anyone else. The court accepted this undertaking and extended it several times. But after some time, the appellant violated this undertaking and sold the property to another person. When a complaint was made about this in 2011 and the matter reached the court, the appellant argued that he had not permitted his lawyer to give any such undertaking.
What did the Supreme Court say?
The Supreme Court bench of Justice Pankaj Mittal and Justice Sanjay Karol heard this case. The court said that the lawyer does not have the right to give any undertaking against the wishes of his client. But in this case, the appellant could not prove that his lawyer had not taken his permission for the undertaking given in 2007. The Supreme Court also observed that the appellant had more than four years to challenge this undertaking, but he did not do so. Therefore, the court upheld the High Court’s decision and dismissed the appellant’s plea.
Why is this decision important?
This decision gives an important message that transparency and permission between a lawyer and a client are extremely important. If a lawyer gives any undertaking without the client’s consent and the client does not oppose it in time, it will not be easy to deny it later. This decision of the Supreme Court is an important lesson for both lawyers and clients. It states that a lawyer should not give any legal undertaking without the approval of his client, and the client should also keep an eye on all the activities of his case.
Disclaimer: This article is written for informational purposes only. The information given in it should not be taken as any legal advice. Please consult an expert for any legal decision.
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